The Office of the Public Prosecutor (PGR) was reported by former President Gear Bolsonaro (PL) among the eight persons who will be the first to be sentenced to the Supreme Court (STF) on Tuesday (25), as part of an investigation into an alleged deception.
In all, 34 people were reported by crimes on charges of stimulating and performing actions against the three authorities and the rule of democratic law.
In the complaint, the Public Prosecutor accuses Paulo Ghonet, the former president of the following crimes:
- Armed criminal organization;
- Try to cancel the rule of democratic law;
- Coup
- The damage to violence and the serious threat against the assets of the union, and with great damage to the victim;
- And the deterioration of the included heritage.
Discover what is the crime of the coup
The Brazilian Penal Code is defined as a crime of coup in the act of “attempting martyrdom, through violence or the serious threat, the government that has been legitimately formed” (Article 359 AD).
The punishment, according to the law, can be from four to 12 years, as well as the punishment corresponding to violence.
According to the Democratic Observatory for the Defense of the Union (AGU), planning or preparing for a coup also creates criminal acts, according to the Brazilian law.
“The coup is an attempt, therefore, a criminal act itself. It represents the constitution of a network of expression, the conduct of written plans, the monitoring steps and operational expectations the beginning and development of criminal implementation itself, which greatly exceeds the limits of abstract water.”
Violent abolition of democratic law
According to the Penal Code, the crime of violent abolition of the rule of democratic law is formed by doing “an attempt, with the use of violence or a serious threat, to cancel the rule of democratic law, or to prevent or restrict the practice of constitutional powers.”
The penalty may be from four to eight years, in addition to the punishment corresponding to violence, according to the legislation.
Ruling
On Tuesday (25) and Wednesday (26), the Olaya will decide if it is PGR and becomes the defendants Jair Bolsonaro and Seven other people in the investigation of the deceptive plan.
In addition to the former president, they will be tried tomorrow:
- Alexander RamjimThe former general manager of Abyan;
- Mir GarnierThe former Leader of the Brazilian Navy;
- Anderson TorresFormer Minister of Justice and former Secretary General Security of the Federal Region;
- Augusto HelenoFormer Institutional Security Minister (GSI);
- Mauro SayedLieutenant Army Colonel and Polsonaro’s previous orders;
- Paulo Sergio NagiraThe former Minister of Defense;
- Walter Braga NitoThe former Minister of Civil House.
